paratransit

Disclaimer

The information presented in any of the Demand Our Access podcast episodes, on the Demand Our Access website, or otherwise shared in conjunction with or through association with the Demand Our Access project is expressly not individual legal advice. Applying the law depends on the circumstances and events that comprise every situation. Since legal advice is fact-specific, nothing about the Demand Our Access project can provide an individual, a group of individuals, or any organization legal advice.

Introduction

In this episode, I am discussing paratransit. This episode will cover only topics related to how paratransit affects people with disabilities. I will not be covering any of the requirements that assist local governments in implementing their paratransit program.

The information related to paratransit has been codified by the Department of Transportation (DOT) in 49 C.F.R § 37.121.133. The link in the episode notes goes to 37.121. You can use the Next button to navigate to each subsequent section. Alternatively, you can access the entirety of 49 C.F.R. § 37. If you access part 37, the sections related to paratransit are set forth in subsection F. The subsections are at the heading two level. So, you can find subsection F by navigating the page by the heading level two.

Important Definitions

The important definitions are set forth in 49 C.F.R. §37.3. Note, the definitions set forth in subsection 37.3 apply to the whole of part 37 (not just the paratransit requirements).

I have included the link so you can check out the definitions on your own. If you want to learn more about terms I have not defined here, the definitions section is the place to go.

Here are what I believe to be the important definitions related to paratransit. To make this easier to follow I have chosen to edit and/or summarize the definitions:

• Paratransit means comparable transportation service required by the ADA for individuals with disabilities who are unable to use fixed route transportation
  systems.
• A fixed route system is your local bus or train service that operates on a fixed schedule and has fixed routes.
• Commuter bus, commuter rail, or intercity rail systems are not fixed route systems.
• Oregin-to-destination means providing service from the place where a passenger is picked up and transporting them to their destination.
• Paratransit may be provided as either a curb-to-curb service or a door-to-door service. The choice is made by your local paratransit provider.
• When a paratransit provider chooses curb-to-curb service, it must generally provide additional assistance to passengers who need assistance beyond the curb to use paratransit.

Nondiscrimination

The nondiscrimination provisions are set forth in 49 C.F.R. § 37.5. I will cover two of them here:

• If paratransit is provided, you cannot be required to use it if you choose to use regular public transit.
• You cannot be required to be accompanied by an attendant.

Paratransit

Paratransit Eligibility

The specific eligibility requirements related to paratransit are set forth in 49 C.F.R. § 37.123(e). I am not going to reproduce those here, because I suspect most people listening are eligible for paratransit. But there are a few things related to paratransit eligibility I want to mention:

• If an individual meets the eligibility criteria with respect to some trips but not others, the individual shall be paratransit eligible only for those trips for which they meet the criteria.
• A personn eligible for paratransit service can typically only take one additional person with them.
• If a person eligible for paratransit service has a personal care attendant, they can take their personal care attendant and one other person on the trip.
• A family member or friend traveling with a person eligible for paratransit service is not considered a personal care attendant unless they register as a personal care attendant.
• Additional individuals accompanying the paratransit eligible individual shall be provided service, provided that space is available for them on the paratransit vehicle carrying the paratransit eligible individual and that transportation of the additional individuals will not result in a denial of service to paratransit eligible individuals.
• In order to be considered "accompanying" someone who is eligible for paratransit service, the other individual(s) must be picked up and dropped off at the same place as the person who is eligible for paratransit service.

The Process for Paratransit Eligibility

Here are things to know about the process entities must use to determine paratransit eligibility:

• All information about the process, materials necessary to apply for eligibility, and notices and determinations concerning eligibility shall be made
  available in accessible formats upon request.
• If a decision has not been made within 21 days of an application being completed, the applicant shall be treated as eligible for paratransit service until or unless the application is denied.
• A determination regarding eligibility must be communicated in writing. If the application is denied, reasons for the denial must be provided.
• When someone is eligible for paratransit they shall be provided documentation stating that they are “ADA Paratransit Eligible.” The documentation shall include the name of the eligible individual, the name of the transit provider, the telephone number of the entity’s paratransit coordinator, an expiration date for eligibility, and any conditions or limitations on the individual’s eligibility including the use of a personal care attendant.
• Recertification for paratransit eligibility may be required at "reasonable intervals."
• Providers of paratransit are required to establish an appeals process for situations when a determination has been made that someone is not eligible for paratransit.
• They can require that an appeal be filed within 60 days of a determination that someone is not eligible for paratransit.
• The process shall include an opportunity to be heard and to present information and arguments, separation of functions (i.e., a decision by a person
  not involved with the initial decision to deny eligibility), and written notification of the decision, and the reasons for it.
• The entity is not required to provide paratransit service to the individual pending the determination on appeal; however, if the entity has not made
  a decision within 30 days of the completion of the appeal process, the entity shall provide paratransit service from that time until and unless a decision
  to deny the appeal is issued.

Suspension of Service

Providers of paratransit may establish an administrative process to suspend, for a reasonable period of time, the provision of complementary paratransit service to individuals who establish a pattern or practice of missing scheduled trips. Trips missed by the individual for reasons beyond their control (including, but not limited to, trips which are missed due to operator error) shall not be a basis for determining that such a pattern or practice exists.

Before suspending service, an entity must do the following:

• Notify the individual in writing that the entity proposes to suspend service, citing with specificity the basis of the proposed suspension and setting
  forth the proposed sanction.
• Provide the individual an opportunity to be heard and to present information and arguments.
• Provide the individual with written notification of the decision and the reasons for it.
• The appeals process described above is available to people whose service has been suspended.
• Any sanctions imposed cannot be enforced until the appeals process has been completed.

Personal Care Attendants

An entity can require you to indicate whether or not you use a personal care attendant in the application process.

Complementary Paratransit Service for Visitors

• Each entity required to provide paratransit service shall make it available to visitors to their area.
• A visitor is an individual with disabilities who does not reside in the jurisdiction(s) served by the public entity or other entities with which the public entity provides coordinated complementary paratransit service within a region.
• Each public entity shall treat as eligible for its complementary paratransit service all visitors who present documentation that they are eligible for paratransit somewhere else.
• With respect to visitors with disabilities who do not present such documentation, the public entity may require the documentation of the individual’s place of residence and, if the individual’s disability is not apparent, of their disability.
• The public entity shall accept a certification from the person with a disability that they cannot use fixed route services.
• If you are using paratransit service as a visitor, you only qualify for 21 days of service during any 365-day period.
• An entity cannot make visitors certify for their service before providing service.

Service Criteria

The service criteria are set forth in 49 C.F.R § 37.131. I am not going to cover all of the service criteria because I do not believe they are relevant to most situations. But I will cover what I think are the most important service criteria.

Service Area

• For bus systems, the general rule is that the place where someone is picked up and the place where they are dropped off must both be within 3/4 of a mile of a bus stop.
• For rail systems, the service area shall consist of a circle with a radius of 3⁄4 of a mile around each station. At end stations and other stations in outlying areas, the entity may designate circles with radii of up to 11⁄2 miles as part of its service area, based on local circumstances.

Response Times

• The entity shall schedule and provide paratransit service to any paratransit eligible person at any requested time on a particular
  day in response to a request for service made the previous day. Reservations may be taken by reservation agents or by mechanical means.
• The entity shall make reservation service available during at least all normal business hours of the entity’s administrative offices, as well as during
  times, comparable to normal business hours, on a day when the entity’s offices are not open before a service day.
• The entity may negotiate pickup times with the individual, but the entity shall not require a paratransit eligible individual to schedule a trip
  to begin more than one hour before or after the individual’s desired departure time.
• The entity may use real-time scheduling in providing complementary paratransit service.
• The entity may permit advance reservations to be made up to 14 days in advance of an individual’s desired trips.

Fares

• The fare for a trip charged to a paratransit eligible user of the complementary paratransit service shall not exceed twice the fare that would be charged to an individual paying full fare (i.e., without regard to discounts) for a trip of similar length, at a similar time of day, on the entity’s fixed route system.
• In calculating the full fare that would be paid by an individual using the fixed route system, the entity may include transfer and premium charges
  applicable to a trip of similar length, at a similar time of day, on the fixed route system.
• The fare charged someone who is "accompanying" a paratransit eligible person shall be the same fare that is charged the paratransit eligible person.
• There is no fee charged for personal care attendants.

Miscelanious Provisions

• The entity shall not impose restrictions or priorities based on trip purpose.
• The complementary paratransit service shall be available throughout the same hours and days as the entity’s fixed route
  service.
• The entity cannot limit capacity by the following: restrictions on the number of trips someone can take; waiting lists for access to the service; or Any operational pattern or practice that significantly limits the availability of service to people eligible for paratransit.

Subscription Service

• Entities are allowed to establish subscription services.
• A subscription service allows someone to schedule similar trips at one time; for example, a trip to work every workday.
• Subscription service may not absorb more than fifty percent of the number of trips available at a given time of day, unless there is non-subscription
  capacity.
• Notwithstanding any other provision of this part, the entity may establish waiting lists or other capacity constraints and trip purpose restrictions
  or priorities for participation in the subscription service only.

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